Aman Khetrapal v. Union Bank of India
Case brief
What is this about?
This order addressed procedural defects in an appeal filed under Section 18 of the SARFAESI Act. It noted the appellant's submission regarding non-filing of certified copies, affidavit, pre-deposit, and delay. After noting these defects were reconciled, the matter was listed as urgent.
What the court decided
A compact analysis
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Appeal Dy. No.638/2023 Date: 26.05.2023
Aman Khetrapal Vs. Union Bank of India
Shri S.K. Pandey, Ld. Counsel for the appellant is present.
Regarding none filing of certified copy of the impugned order, the appellant submitted that certified copy of the impugned order is not required as he has filed the downloaded copy of the same and for non filing of affidavit in support of the Stay Application, he further submits that the interim relief has also been sought in the appeal which is supported by the affidavit, hence, affidavit on Stay Application is not required.
Regarding pre-deposit it is submitted by the appellant that he is third party (tenant) and pre-deposit in the instant case is not required.
Regarding non filing of Delay Condonation Application it is submitted by the appellant that impugned order was passed on 20.04.2023 and the instant Appeal is filed on 22.05.2023 through on line mode, as 20 and 21 was holiday.
On the above point the learned counsel has prayed for placing the case before the Hon’ble Court for arguing on the above defects.
Rest defects have been reconciled.
The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 20.04.2023 passed by DRT, Allahabad in S.A. No. 600/2021. Urgency Application (I.A. No. 412/2023) and Stay Application (I.A. No. 411/2023) have been filed.
Issues for consideration
2 issues framed by the court
Whether defect of non-filing of certified copy, affidavit on stay, pre-deposit, and condonation of delay vitiated the appeal filed under Section 18 of SARFAESI Act.
Whether the appeal filed within two days of the impugned order (accounting for holidays) was within the limitation period.
Parties & counsel
- appellant
Aman Khetrapal
- respondent
Union Bank of India
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 091090006382023
- Topic
- Consumer Protection
All orders in this case
3 orders share this CNR
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